Facts
The first and second accused pleaded guilty to two counts under the Motor Vehicle Insurance Ordinance, Cap 169 and two counts under the Transport Licencing Act. They were both sentenced to fines or imprisonment in default. The first accused was disqualified from holding or obtaining a driving licence for 12 months, and the second accused was exempted from such disqualification as it was found that he had advanced a special reason.
Held: (i) The second accused's mitigation did not amount to special reason. The reason did not relate to the offence, but was personal to the accused.
(ii) special reasons must be special to the offence and not to the accused person.
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